Who can be executors in my will? Any person over 18
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How many Executors can I choose? You can have as many Executors as you like, but the Law only allows a maximum of four to act at the same time. |
Can my Beneficiaries be my Executors? Yes, they can if you would like them to. Today it is often common that those who will get the estate have a role to play in the organising of the estate before it is given. |
What’s the difference between an Executor and a Trustee? In most estates today, it is common to appoint the Executors as Trustees. The main difference is that trustee is the person responsible for making the decisions that maintain the estate whilst it is held on trust before it is given to the beneficiaries, and the executor is the person that carries out (or executes) the actions and wishes of the Trustees during this time. |
Do I have to appoint a Solicitor or Bank as my Trustee? You can appoint anyone you like. It is likely however, that when your estate is going through Probate, that you will in some part require some professional assistance. Our advise is to choose people you absolutely trust and ensure that the Will includes a statement that empowers them to employ any professionals that have not already been nominated. |
Does it matter if my Executors live abroad? No, although it is always prudent to have some executors in the country which you are residing. |
What does an executor have to do? The main role of an Executor is to carry out the wishes of the testators estate. |
Should my Guardians be executors? It is very common for the guardians to be executors. It normally follows that if you trust someone to take care of your children, then they should have some form of access to the assets of the estate to provide for your children. It should also be mentioned that there are some instances where the Guardian(e.g. a divorced parent) should not be allowed direct access to the assets, but go through an alternative Executor. |
Who can automatically become a Guardian? Only the birth parents (if married) of the child have ‘parental responsibility’. This means that unless the father is married to the mother only the mother has an automatic right to appoint Guardians. If you make a Will, ’Parental Responsibility’ can be given through appointment of Guardianship to the birth father. |
Do I have to list everything that I own in my estate? No, wills are not shopping lists. If you want specific objects, collections or even amounts of money to go to particular people, then you should list these. However, what you do not identify in your estate (everything else not listed) is dealt with through distribution of the residue. |
Can I set age limits when gifts can be received? Yes, this is what Trustees are for – to see that the gifts you leave are preserved as best as possible until they should be given at the time you have specified. |
Can I gift to charities? Yes, but we need to know the full Name, Address, and Registered number of the charity. |
Do Gifts and legacies have to be under a certain value? Not at all, a gift can be any value you like (e.g. £10,000 or your house etc.) |
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